, NAIROBI, Kenya, Oct 1 – The Senate will engage the other two arms of government in discussions to resolve the impending conflict between Parliament and the Judiciary.
The ruling was brought about by a point of order raised by Devolution Committee Chairman Kipchumba Murkomen following the reinstatement of Embu Governor Martin Wambora by the Court of Appeal.
“I think it has been ventilated sufficiently enough, we don’t have to turn it into a debate knowing the kind of concerns we also have and that we will try to reach to each arms of government so that we can all be moving in one direction ” ruled the speaker.
Murkomen had faulted the Court of Appeal decision to reinstate Wambora even after both the Senate and the Embu County Assembly voted to impeach him.
“This judgment must be taken to the Supreme Court by the assistants of this Senate so that finally we can tell the people of Kenya that the Supreme Court, the final institution in our country in the interpretation of the Constitution has confirmed that the impeachment of any public officer is impossibility in our lifetime as long as those who have money will have their way,” said Murkomen.
On Tuesday, Judges Alnashir Visram, Martha Koome and Otieno Odek upheld the April 16 ruling by judges Cecilia Githua, Hedwing Ong’udi and Boaz Olao that reinstated Martin Wambora as Embu Governor.
Justice Odek ruled that there was no clear evidence that Wambora acted in gross violation of the Constitution warranting his impeachment motion.
On her part, Lady Justice Koome said, “Collective responsibility is not a principle of individual responsibility. The tenders involved many parties thus the appellant was not individually liable.”
Murkomen referred to the judges report as erroneous and shallow as the court’s ruling was based on an expired decision and could therefore not ‘hold any water’.
“I think the courts are going overboard-such erroneous judgments must not take precedence in this country and must not be the basis of future engagement in this country-and therefore this house must be able to appeal this decision to the Court of Appeal” posed the Devolution Chairman.
The legislators further accused the courts of violating the constitution by injuncting another arm of government.
“Its saddening for some us who come from the legal background to look at a 42-page which takes six months Mr Speaker to be written and when you go through it lacks merit as it were-in established jurisdictions, it’s very rare for an arm of government to injunct another arm of government as we’ve witnessed in this country in the last 5 months,” said Nyamira senator Okong’o Mong’are.
Kakamega Senator Boni Khalwale who Chairs the Senate Public Accounts and Investments Committee on his part dared Wambora to go ahead and sue him over statements he made in a committee sitting saying the senate did not recognise him as Embu Governor.